Bonnett v. Oertwig

Garfield, J.-

This is a companion case to Semler v. Oertwig, 234 Iowa 233, 12 N. W. 2d 265. Plaintiff was a passenger in the Semler automobile, which was struck from the rear by the truck owned by defendant Williams and driven by defendant Oertwig. Testimony for plaintiff is that the automobile, with a flat tire, was moving at fifteen to twenty miles an hour. Testimony for defendants indicates it was stopped upon the highway. There is also a dispute as to whether the Semler taillight was burning. It was in the nighttime and visibility was not good. Oertwig came from the rear, failed to see the…